Marks & Spencer has bought the keyword Interflora with Google to promote its website. The website was an alternative to the Interflora ‘s services, because M & S’ floral department also delivers bouquets within a day. Interflora raised objections and after more than five years, the English court ruled this summer that M & S’ use of the keyword is not allowed.

Wim van den Berg repairs, maintains and sells only Porsches, for many years. Since 1996, he calls his company “Porsche Specialist van den Berg”. In 1999 he registers the domain name PORSCHE SPECIALIST.
In 2008, Porsche is involved for the first time. Porsche does not want that van den Berg exploits his company under the name “Porsche Specialist”. This name gives the impression that there is a special relationship with Porsche, while Van Den Berg not an official dealer.

The ECJ has decided that use of a trademark as an adword is allowed as long as the consumer has the ability to determine the origin of the sign used. Across Europe the practical application of this rule is interpreted differently. In the Netherlands use of a trademark as an adword is allowed if the use is part of an allowable for of comparative advertising. It does seem, however, that Dutch rulings are shifting toward the rest of Europe on this.

In domain name conflicts there are two possibilities for a procedure. Either a court procedure or a procedure with WIPO, the UDRP. The UDRP was conceived in order to obtain a quick decision in simple infringement cases. However, sometimes this procedure is not optimal, especially if the case is simply too complex.